REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KAPENGURIA. CRIMINAL REVISION NO. E019 OF 2026 FROM ORIGINAL CONVICTION AND SENTENCE OF CM.CRI. NO. E041 OF 2023 (CORAM – HON. R.P.V. WENDOH – JUDGE) TIMOTHY MATANI ………………………………………….. APPLICANT - VERSUS– REPUBLIC RESPONDENT ………………………………………………...… RULING. I have considered the applicant’s Notice of Motion seeking revision on account that he was not allowed to mitigate and the sentence is harsh. The applicant was charged with two counts of Malicious damage to property Contrary to Section 339(1) of the Penal Code. He pleaded guilty, was convicted and at first, he was placed on probation for one (1) year. However, it was found out that he was facing a charge of causing Grievous Harm Contrary to Section 234 of the Penal Code. The trial court cancelled the probation order and instead sentenced the Applicant to serve five (5) years imprisonment on each count on 23/8/2024. The court did not order that the sentence runs concurrently but the committal warrant indicates that the sentences were to run concurrently. HC. CRIM. REV. NO. E019 OF 2026 (RULING) Page 1 of 2
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Although the applicant claims not to have mitigated before sentence, this court is satisfied that he gave his mitigation, the court record shows that he gave his mitigation before sentence to probation. The applicant seeks a revision of his sentence. The trial court gave the applicant the maximum sentence under Section 339(1) of the Penal Code, i.e five (5) year imprisonment.. He had pleaded guilty and did not waste the court’s time. The court therefore finds that under the circumstances, the sentence was excessive. The previous offences he had been charged with were not relevant to the offence of malicious damage to property. Consequently, having found the sentence to be excessive and harsh, I hereby set aside the sentence of five (5) years imprisonment on each count and substitute it with a sentence of two years on each count and the sentences will run concurrently. It is so ordered. File closed. Dated, signed and delivered in Kapenguria this 16th day of July, 2026 HON. R. P.V. WENDOH. JUDGE. HC. CRIM. REV. NO. E019 OF 2026 (RULING) Page 2 of 2
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